Mealey's IP/Tech - Federal Circuit Denies Mandamus In Cellphone Patent Dispute

WASHINGTON, D.C. - A divided panel of the Federal Circuit U.S. Court of Appeals on July 24 denied a petition for mandamus by Nokia Inc. and Nokia Corp. (Nokia, collectively), which would have compelled the International Trade Commission to consider arguments regarding noninfringement of two patents relating to cellular telephone technology (In re: Nokia Inc. and Nokia Corporation, No. 14-133, Fed. Cir.).

Mealey's PI/Product Liability - Appeals Court Affirms Summary Judgment Awards To Contractor, Subcontractor

TRENTON, N.J. - A New Jersey Superior Court, Appellate Division, panel on July 17 affirmed rulings awarding summary judgment to a contractor and concrete subcontractor that built a condominium complex that allegedly had issues with water infiltration caused by the use of black tar paper as opposed to Tyvek building wrap, ruling that the plaintiff was unable to sufficiently state claims for negligence and breach of contract (Saratoga at Toms River Condominium Association Inc. v. Menk Corporation Inc., et al., No. A-5421-11T3, N.J. Super, App. Div.).

Mealey"s PI/Product Liability - Judge Adopts Report Rejecting Corporate Officer Claims, Remand In Asbestos Suit

BATON ROUGE, La. - A magistrate judge properly suggested denying remand after piercing the pleadings and concluding that a plaintiff lacked any claims or chance of recovery against executive officers, a Louisiana federal judge held July 16 in adopting the report and recommendation (Paul F. Sarradet v. The Dow Chemical Co., et al., No. 15-5, M.D. La.; 2014 U.S. Dist. LEXIS 96836).

Mealey"s IP/Tech - Software Company Seeks High Court Review Of Challenge To Microsoft"s License

WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals" ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software (MiniFrame Ltd. v. Microsoft Corporation, No. 14-60, U.S. Sup.).

Mealey's Toxic Tort/Environmental - Judge Adopts Report Rejecting Corporate Officer Claims, Remand In Asbestos Suit

BATON ROUGE, La. - A magistrate judge properly suggested denying remand after piercing the pleadings and concluding that a plaintiff lacked any claims or chance of recovery against executive officers, a Louisiana federal judge held July 16 in adopting the report and recommendation (Paul F. Sarradet v. The Dow Chemical Co., et al., No. 15-5, M.D. La.; 2014 U.S. Dist. LEXIS 96836).

Mealey's IP/Tech - Virginia Federal Judge Upholds Trade Dress Verdict, Awards Injunction

ALEXANDRIA, Va. - A jury verdict in favor of plaintiff Reynolds Consumer Products Inc. on allegations that a competitor infringed the distinctive "Reynolds Wrap" trade dress will stand, a Virginia federal judge ruled July 18 (Reynolds Consumer Products Inc. v. Handi-Foil Corporation, No. 13-214, E.D. Va.).

Mealey's Antitrust/Unfair Competition - Software Company Seeks High Court Review Of Challenge To Microsoft's License

WASHINGTON, D.C. - MiniFrame Ltd. asked the U.S. Supreme Court on July 16 to review the Second Circuit U.S. Court of Appeals' ruling that the software maker failed to sufficiently allege that Microsoft Corp. violated Section 2 of the Sherman Act by restricting its Windows 2007 license to a single user and in pricing its multiuser software (MiniFrame Ltd. v. Microsoft Corporation, No. 14-60, U.S. Sup.).

Mealey's Banking & Finance - 2nd Circuit Reverses Ruling Dismissing TILA, Fraud Claims Against Lenders

NEW YORK - The Second Circuit U.S. Court of Appeals on July 11 partially reversed a trial court's decision to grant summary judgment in favor of credit management and lending corporations, finding that issues of fact exist as to a property owner's fraud claims and claims under the Truth In Lending Act (TILA) (Linda D. Crawford v. Franklin Credit Management Corp., et al., No. 13-2514, 2nd Cir.; 2014 U.S. App. LEXIS 13179).

Mealey's Toxic Tort/Environmental - Company Did Not Breach Soil Remediation Deal By Refusing To Cap Site, Judge Says

ROCHESTER, N.Y. - A federal judge in New York on July 14 ruled that a gas and electric company that agreed to help remediate a contaminated site did not breach a memorandum of understanding (MOU) when it refused to pay for a cap to be placed on site to prevent exposure to toxic chemicals (Volunteers of America of Western New York Inc. v. Rochester Gas & Electric Corporation, No. 99-6238, W.D. N.Y.; 2014 U.S. Dist. LEXIS 95547).

Mealey's Labor & Employment - Pennsylvania Federal Judge: RadioShack's Overtime Pay Method Violates State Law

PHILADELPHIA - An electronics store chain's method for calculating overtime pay for its salaried employees complies with federal law but violates Pennsylvania state law, a Pennsylvania federal judge ruled July 10 (David Verderame v. RadioShack Corporation, No. 13-2539, E.D. Pa.; 2014 U.S. Dist. LEXIS 93688).

Mealey's Toxic Tort/Environmental - 6th Circuit: EPA Agreement Prevents Companies From Suing For Remediation Costs

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on July 14 affirmed a lower court ruling that companies that entered into an administrative settlement agreement with the U.S. Environmental Protection Agency with regard to the remediation of a contaminated landfill were entitled to contribution for costs associated with the cleanup but could not recover their costs (Hobart Corporation, et al. v. Waste Management of Ohio Inc., No. 13-3273, 6th Cir.; 2014 U.S. App. LEXIS 13286).

Mealey's Litigation Procedure - Pennsylvania Federal Judge: RadioShack's Overtime Pay Method Violates State Law

PHILADELPHIA - An electronics store chain's method for calculating overtime pay for its salaried employees complies with federal law but violates Pennsylvania state law, a Pennsylvania federal judge ruled July 10 (David Verderame v. RadioShack Corporation, No. 13-2539, E.D. Pa.; 2014 U.S. Dist. LEXIS 93688).

Mealey's Litigation Procedure - Energy Corporation Seeks Payment Of $118 Million Russian Arbitration Award

TORONTO - An energy corporation on July 14 said it has notified the prime minister of the Kyrgyz Republic that it seeks payment of a $118 million arbitration award that was recently issued in its favor in Russia.

Mealey's Toxic Tort/Environmental - Magistrate Judge Denies Company's Request For Jury Trial In CERCLA Suit

NEWARK, N.J. - A federal magistrate judge in New Jersey on July 10 granted the federal government's motion to strike a defendant company's request for a jury trial in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost-recovery suit, finding that the Seventh Amendment does not apply (United States of America v. Alsol Corporation, et al., No. 13-cv-0380, D. N.J.; 2014 U.S. Dist. LEXIS 94145).

Mealey's PI/Product Liability - 5th Circuit Affirms Dismissal Of Aredia/Zometa Case With No Legal Plaintiff

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 11 affirmed dismissal of an Aredia/Zometa cases after it was discovered that it proceeded for five years without a legal substitute plaintiff after the original plaintiff died (Jacqueline Wilson, et al. v. Novartis Pharmaceuticals Corporation, No. 13-10309, 5th Cir.; 2014 U.S. App. LEXIS 13234).

Mealey's Toxic Tort/Environmental - Magistrate: Plaintiffs Must Show More Than Mere Contamination For Claim To Succeed

SAN FRANCISCO - A federal magistrate judge in California on July 9 granted a motion to dismiss claims for violations of federal laws regarding environmental contamination against Fluor Corp. because the plaintiffs need to show more than the mere presence of toxins in soil at the company's property; however, the magistrate allowed a company that shares land with Fluor to intervene in the lawsuit (Northern California River Watch v. Fluor Corporation, No. 10-05105, N.D. Calif.; 2014 U.S. Dist. LEXIS 93420).

Mealey's IP/Tech - Jury Finds Apple Did Not Infringe Live Streaming Patent With IPhone, IPad

SAN JOSE, Calif. - A jury in the U.S. District Court for the Northern District of California on July 11 found no infringement by Apple Inc. of an Israeli corporation's patent related to live video and audio streaming technology (Emblaze Ltd. v. Apple Inc., No. 5:11-cv-01079, N.D. Calif.).

Mealey's Toxic Tort/Environmental - 4th Circuit: Coal Company Cannot Use 'Permit Shield' Defense In Pollution Suit

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on July 11 affirmed a ruling awarding summary judgment to three environmental groups accusing a coal company of violating the Clean Water Act (CWA) for its discharges of selenium, ruling that the company could not invoke the permit shield because it did not disclose the pollutant in its permit application (Southern Appalachian Mountain Stewards, et al. v. A&G Coal Corporation, et al., No. 13-2050, 4th Cir.; 2014 U.S. App. LEXIS 13217).

Mealey's Litigation Procedure - Judge Stays Flood Insurance Class Action Pending Settlement Approval

TOLEDO, Ohio - An Ohio federal judge on July 8 granted a motion filed by a bank and mortgage corporation to stay a state-specific class action filed by claimants who assert that they were forced to maintain flood insurance in excess of their mortgage requirements, pending the approval of a settlement reached in a nationwide class action (James M. Campbell v. Citibank N.A., et al., No. 3:13-cv-02675, N.D. Ohio; 2014 U.S. Dist. LEXIS 92540).

Mealey's PI/Product Liability - Appeals Court Upholds EPA's Decision To Add Site To Superfund List

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 8 denied CTS Corp.'s petition challenging the U.S. Environmental Protection Agency's decision in 2011 to add a site in Asheville, N.C. that was formerly owned by a subsidiary of the company to the National Priorities List, finding that the agency's decision was not arbitrary and capricious (CTS Corporation v. U.S. Environmental Protection Agency, No. 12-1256, D.C. Cir.; 2014 U.S. App. LEXIS 12804).

Mealey's Banking & Finance - Judge Stays Flood Insurance Class Action Pending Settlement Approval

TOLEDO, Ohio - An Ohio federal judge on July 8 granted a motion filed by a bank and mortgage corporation to stay a state-specific class action filed by claimants who assert that they were forced to maintain flood insurance in excess of their mortgage requirements, pending the approval of a settlement reached in a nationwide class action (James M. Campbell v. Citibank N.A., et al., No. 3:13-cv-02675, N.D. Ohio; 2014 U.S. Dist. LEXIS 92540).

Mealey's Toxic Tort/Environmental - Appeals Court Upholds EPA's Decision To Add Site To Superfund List

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 8 denied CTS Corp.'s petition challenging the U.S. Environmental Protection Agency's decision in 2011 to add a site in Asheville, N.C. that was formerly owned by a subsidiary of the company to the National Priorities List, finding that the agency's decision was not arbitrary and capricious (CTS Corporation v. U.S. Environmental Protection Agency, No. 12-1256, D.C. Cir.; 2014 U.S. App. LEXIS 12804).

Mealey's Labor & Employment - Texas Federal Judge Denies Cert To Class Of Funeral Home Employees

HOUSTON - The estate of a deceased funeral director fails to meet the requirements necessary to serve as class representative for a proposed class of black funeral home employees who claim that they were denied promotions due to their race, a Texas federal judge ruled July 3 (Milton Holmes, et al. v. Service Corporation International, No. 10-4841, S.D. Texas; 2014 U.S. Dist. LEXIS 90501).

Mealey's Insurance - Pollution Exclusion Prevents Coverage For Groundwater Contamination, Judge Says

INDIANAPOLIS - A federal judge in the U.S. District Court for the Southern District of Indiana on July 7 ruled that a pollution exclusion in a company's insurance policy "unambiguously excluded" it from coverage for groundwater contamination caused by trichloroethylene (TCE) and other chemicals (Visteon Corporation, et al. v. National Union Fire Insurance Co. of Pittsburgh, No. 11-00200, S.D. Ind.; 2014 U.S. Dist. LEXIS 91578).

Mealey's Toxic Tort/Environmental - Lago Agrio Plaintiffs: Ruling Should Be Reversed, Chevron Cannot Show Misconduct

NEW YORK - The attorney and the law firm representing Ecuadorian plaintiffs who sued Chevron Corp. alleging environmental contamination filed a brief in the Second Circuit U.S. Court of Appeals on July 2, contending that the judgment of the U.S. District Court for the Southern District of New York that approved a settlement between some of the Ecuadorian plaintiffs' former attorneys and Chevron should be reversed and vacated because Chevron cannot show that misconduct occurred when an Ecuadorian court awarded the plaintiffs damages of $18.5 billion (Chevron Corporation v. Hugo Gerardo Camacho Naranjo, No. 14-832, 2nd Cir.).